Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1887-06-15

tor and such talents as his should not have
exerted great influence in the virginia con-
vention of IT'S and his contemporaries
united In ascribing to him = large share In |
bringing that body TO vote for ratification.
The action Of Virginia upon the question was |
equivalent to the acceptance ot tho constitu.
soon occurred and Madison and Marshall, |
the favorite sons Of their mother common. i
wealth, at onoe took rank among the most
conspicuous statesmen of the Union.
ilts EARLtER rrBLic SERVICES.
a seriatim recital AZ the deAtails OF the lie
occasion. The interesting biography Of Mir
Flanders the tasteful aud atfectlonAte ren-
picture drawn by Judge story, the
sITauent sIsT hi, ealsSy ssS pronounced shortly
ace Binney, and The rscen. scholarly
oration deivered at the unveiling of his
statue at Washington by MIR. Rswle, another
PennsylVanian, have rendered useless the
A rehearsal OF II by me would I've like an at.
tempt to gild refined gold. How he married
. beautiful aud delicate girl Of Richmond
who was the object OF tender and affection.
aye care which was the uppermcst Thought
OF busy life--how he moved from Fau
quter to Richnlond, the more successfully to
pursue the profession whose members in two
hemispheres honor him ~ one Of Its most
illustrious ornaments how he was contin-
ually called upon to serve the city OF his res
idence In the legislature OF the state, aud re.
sponded at personal sacrifice rs long a. q
sense OF duty seemed to enforce the appeal
how, In the conduct OF suits involving large
amounts and questions OF rare difficulty and
novelty, he held rank as leader At q tar SEC
ond in learning, talent and reputation to no
other in the newly united s.ates-how, at the
personal solicitation of Washington, leaving
with reluctance this congenial and lucrative
theatre Of intellectual gladiation he entered
the halls OF Congress, and became there
leader among the intellectual giants Of those
days how he was sent by President Adams
rs envoy extraordinary and minister plenipo-
tentisry to the Directory OF France, where this
honest servant of avirtuous republic, when
approached with the coarse intimation that he
could not obtain hearing unless the doors
Of audience were ii rst opened by adouceur to
the wretches with whom he WAS to treat, re-
jected the overture and returned home to re.
ceive the plaudits alike Of political foes and
friends how he WAS shortly afterwards
| offered two places In the cabinet OF the piesi.
dent, and declined them /; how he subse
quently accepted the OH OF secretary OF
state, and left on file In that department a
| series OF state papers which have been guild
| ing landmarks In the foreign policy and di'
| plomacy OF onr country ever since how,
| from secretary OF state, he was elevated to
| the exalted position of chief Justice OF the
| United S.ates-these things are part of the
public history of ourcountry known to every
| ciu2sn OF intelligence.
PRIVATE AND SOCIAL. VIRTUES
1 ~ 10 Ecslitlk hisb W uWoit ukpu
| his private an6 social virtues which threw .
| charm around his tireside and domestic life (;
| upon the r 20 combination OF probity and
| wisdom uniformly manifested in his public
and personal conduct upon the natural
| dignity and constderate propriety that
marked his whole department upon his
| love OF truth and deep sense of moral and .e.
| liglous obligation his love OF home aud
taste for the pleasures OF domestic circle /;
his respect, courtesy sni kindness for the
| female sex his bonevolence and charity
| which was All innate sentiment OF the heart
| but these personal traits have bsen 30 deli.
citely and graphically depicted by his most
| intimate associate npon the bench that
| repetition OF tAem would but duh the pic
ture.
1t il reasonable to con mcclure that IL Mar
| shall had not been transferred from political
| life, be would have succeeded Monroe In the
| presidency. 1t was the good fortune OF the
| country that he was assigned to another field
| of duty. 1t IL no dispAragement OF the two
| chief justices who had actually occupied the
| seat before him to say that they had been lit.
| tie felt In the exercise of the functions Of the
high position which they held. Courts OF
| justice can only act through the medium OF
| pending suits, and possess no other function
than that of pronouuciOg Judgment in cases
at law and in equity submitted for al udica.
| ton. In the first years OF the national gov.
ernmant but few cases could ariso under con.
di,ions which brought them within the
| Jurisdiction OF the supreme court. They
| were 30 few in the time o! Jay that even
| while holding the Office OF chief jus
tice he went abroad on protracted
foreign mission. Judge Ellsworth, to
whom the country owes the Judiciary act OF
Es9, which was second only to the constitu
| ton itself. 4" the most wonderful! work ever
struck oil at given time by the brain and
purpose OF man," WAS on the bench too short
time before his own mission to France, u
deal with more than the few important cases
| that had mstured tor his consideration.
Judge Marshall assembled the bench In full
time, untranmeled by precedents, to settle
the principles which should govern the
decisions OF the supreme court on the i'm
portant questions which were just begin
| ming to come under its jurisdiction.
| The proprieties OF the occasion forbid my
| indulging, before an audience of laymen, In
technical exposition OF the principles oi
| political and constitutional law which Judge
Marshall enforced in the high office OF chic
| justice. The more impor tant OF his decisions
went searchingly into the theory and charsc
ter OF the national government, into the cor
relative powers OF the state governments and
into the rights aud duties OF the states and
nation towards each other.
l need not promise that two distnc
theories touching ihs powers Of the national
| government were respectively maintained
by the two great political parties OF Judge
MarshslPs day. To use his own language
one OF them contemplated America as {
nation, and labored incsssantly to invest the
federal government with powers competent
attached itself to the state governments
viewed all the powers OF Congress witt
jealousy, and assentsd reluctantly to meas
ures which would enable the head to act In
any respect independently OF the members' >
Judge. Marshall belonged, from the begin
ming, to the party which Insisted upon
strengthening the federal government Ht
believed in his conscience, that the intention
| OF It's authors was to establish Q strong
government OF independent powers and
resources, and that the interests o
the country required an effsctuation OF
that Intention. lie assembled the supreme
bench thoroughly infused with this precon
ception and, possessing the courage OF his
| convictions, he interpreted the constitution in
accordance with what he conceived to be ita
real design. 1t may not occur to the super
fetal student of the controversy which &c
long divided opinion between the cham piOns
of state sovereignty and federal supremacy y
to inquire what WAS the underlying senti
nent which animated the party who, fol
three quarters OF century, resisted every
| measure tending tO increase the strength and
independence OF the federal government. II
had its prtNcipal seat and cOnstitu ency Ia
the Southern states, and its prime object wal
| the protection of the slave institution from
| external Interference. Mr.. NJ MsdisOn defined
| the line OF Diverse opinion when he said, Ia
| the convention Of l7s7 "the states we're di-
| vided into different interesta not by their
| difference In size, but by other circumstances
| the most material Of which resulted partly
from ciimsts, but principa ly from ths Of.
| f6cts OF their having or not having slaves.
akAa nnRS PpGl in frrs. a,